Arbitrability in International Arbitration
Overview
This Practice Note provides an overview of arbitrability of disputes in international arbitration as defined by UAE legislation and the UAE Courts. Certain disputes cannot be arbitrated under Federal Law No. 6/2018 on Arbitration (UAE Arbitration Law), including matters relating to criminal, family, property registrations, and employment law.
Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) freezones are governed by their own respective arbitration laws, and have similar restrictions in respect of arbitrability of matters.
Arbitral tribunals seated in the UAE have the power to determine their own competence, including the arbitrability of a case.
Definitions
UAE Civil Code: Federal Law No. 5/1985 Promulgating the Civil Transactions Law of the United Arab Emirates State.
UAE Arbitration Law: Federal Law No. 6/2018 on Arbitration.
UAE Commercial Agency Law: Federal Law No. 3/2022 Concerning the Regulation of Commercial Agencies.
UAE Labour Law: Federal Decree-Law No. 33/2021 On Regulation of Labour Relations.
DIFC Arbitration Law: DIFC Law No. 1/2008 DIFC Arbitration Law.
ADGM Arbitration Regulations: Abu Dhabi Global Market Arbitration Regulations of 2015.